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Discrimination / Harassment

How to respond when EEOC, MDHR allege discrimination

08/15/2016
The EEOC and Minnesota Department of Human Rights are the agencies primarily responsible for making sure employers comply with discrimination laws. When an applicant or employee files a discrimination charge in Minnesota, either agency or both will investigate.

National origin bias: Heed new EEOC rules, increased enforcement

08/11/2016
In June, the EEOC proposed new regulations concerning Title VII’s national origin provisions. National origin discrimination complaints comprise about 11% of the charges the EEOC receives each year. The new proposed EEOC regulations target job segregation, human trafficking and intersectional discrimination.

Why employees harass: The top targets

08/11/2016
Last year, the EEOC received more than 28,000 claims by employees that they were unlawfully harassed at work. Here are the top reasons employees say they were targeted for harassment.

Age-related comment doesn’t always show bias

08/11/2016
If you learn a manager made an age-related comment, don’t panic. Context is everything.  An obvious discriminatory statement— “I am terminating you because you are old”—is one thing. However, a general comment—for example, about the advantages of accepting a retirement package as an older employee—probably isn’t biased.

Use thorough reporting system to capture details of alleged harassment

08/11/2016
There is good news for employers that have to mediate workplace disputes that can fairly be characterized as personality clashes between co-workers.

Short reassignment delay is generally OK

08/11/2016
Sometimes, it takes a while for management to make changes in schedules and duty assignments after a promotion or transfer. A reasonable delay—even if it results in some loss of pay—isn’t considered an adverse employment action or serious enough to win a discrimination lawsuit.

EEOC sues over firing of HIV-positive worker

08/11/2016
The EEOC has filed suit against a large Midwest McDonald’s franchisee that recently fired an employee who is HIV-positive and requires its employees to report all prescription medications they take.

EEOC calls for better anti-harassment training

08/11/2016
The EEOC wants employers to double down on their workplace harassment prevention efforts.

Never pull job offer because of pregnancy

08/11/2016
The EEOC could well take the lead role in such a case—and it can throw almost unlimited legal and financial resources into its effort to beat you in litigation.

Horseplay or harassment? Use common sense

08/10/2016
Employers sometimes have to make judgment calls: Is that misbehavior plain old horseplay … or a serious case of sexual harassment? The difference often comes down to context.